Legal Opinion
Breman's Express Co. v. H & H Distributing Co.
United States Bankruptcy Court, W.D. Pennsylvania
Decided January 14, 1987No. 19-20864PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
BERNARD MARKOVITZ, Bankruptcy Judge.
Before this Court is the Defendant’s Joint Motion to refer issues to the Interstate Commerce Commission (“ICC”), which are identical to issues presently before said agency, based upon the doctrine of primary jurisdiction. Specifically, the Defendants aver that their defenses to the. Debtor’s Complaints to recover additional freight charges involve the reasonableness of certain rates and practices; accordingly, the Defendants claim said issues should and/or must first be brought before and heard by the ICC. Based upon the briefs submitted,…
2Cases cited14 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Far East Conference v. United StatesSupreme Court of the United States · 1952
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Motor Carrier Audit & Collection Co. v. Family Dollar Stores, Inc.District Court, W.D. North Carolina · 1987
- Christison v. Caterpillar Inc. (In Re Tobler Transfer, Inc.)United States Bankruptcy Court, C.D. Illinois · 1987
- Miller v. Armour & Co. (In Re Total Transportation, Inc.)District Court, D. Minnesota · 1988
- Walthout v. United Exposition Service, Inc. (In Re Tucker Freight Lines, Inc.)District Court, W.D. Michigan · 1988
- Orscheln Bros. Truck Lines, Inc. v. Zenith Electronics Corp.District Court, N.D. Illinois · 1988
3 more not listed; retrieve them via the Exa API.